Definition of Judicial Officers and Offices

• < Procedure and Practice

"Judges" and "Justices"

Provincial Court Judge

s. 2
...
“provincial court judge” means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person;
...

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Definitions

487.04 In this section and in sections 487.05 to 487.0911,
...
"provincial court judge", in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act; (juge de la cour provinciale)
...
1995, c. 27, s. 1; 1998, c. 37, s. 15; 2001, c. 41, s. 17; 2002, c. 1, s. 175; 2005, c. 25, s. 1, c. 43, ss. 5, 9; 2007, c. 22, ss. 2, 8, 47; 2008, c. 6, ss. 35, 63; 2009, c. 22, s. 16; 2010, c. 3, s. 6, c. 17, s. 3; 2012, c. 1, s. 30; 2013, c. 9, s. 16, c. 13, s. 8; 2014, c. 17, s. 13, c. 25, s. 23; 2015, c. 20, s. 23.

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Justice

s. 2...
“justice” means a justice of the peace or a provincial court judge, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction;
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Section 84

Under s. 84:

"superior court" means

(a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

(b) in Quebec, the Superior Court,

(c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

(d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and

(e) in Newfoundland and Labrador, the Trial Division of the Supreme Court;

...

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Part XIX

Under Part XIX (s. 552 to 573.2) concerning indictable offences in trial without a jury, s. 552 defines "judge":

552. In this Part,
...
“judge” means,

(a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

(b) in the Province of Quebec, a judge of the Court of Quebec,

(c) in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province,

(d) in the Province of New Brunswick, a judge of the Court of Queen’s Bench,

(e) in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court,

(f) in the Province of Prince Edward Island, a judge of the Supreme Court,

(g) in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen’s Bench,

(h) in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province,

(h.1) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court,

(i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

(j) in Nunavut, a judge of the Nunavut Court of Justice.

...
R.S., 1985, c. C-46, s. 552; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), s. 103, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 6, c. 17, s. 13; 1992, c. 51, s. 38; 1999, c. 3, s. 36; 2002, c. 7, s. 145; 2015, c. 3, s. 53.

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"Judge" within the Meaning of s. 83.28 and 83.29

Section 83.28 defines "judge" for the purpose of s. 83.28 and 83.29 ["Investigative Hearing" section relating to terrorist offences] as:

Definition of “judge”

83.28 (1) In this section and section 83.29, “judge” means a provincial court judge or a judge of a superior court of criminal jurisdiction.

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Section 111 defines "provincial court judge" for the purpose of s. 111, 112, 117.011 and 117.012 as:

111
...

Definition of “provincial court judge”

(11) In this section ["Application for prohibition order"] and sections 112 ["Revocation of prohibition order under s. 111(5)"], 117.011 [Application for preventative firearms prohibition] and 117.012 [revoking a 117.011 prohibition order], “provincial court judge” means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.
R.S., 1985, c. C-46, s. 111; 1991, c. 40, s. 24; 1995, c. 39, s. 139.

[annotation(s) added]

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Section 164

Section 164 defines "judge" for the purpose of s. 164 as:

“judge” means a judge of a court.
...
“court” means

(a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

(a.1) in the Province of Ontario, the Superior Court of Justice,

(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

(c) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court,

(c.1) [Repealed, 1992, c. 51, s. 34]

(d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and

(e) in Nunavut, the Nunavut Court of Justice;

...
R.S., 1985, c. C-46, s. 164; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 3, c. 17, s. 9; 1992, c. 1, s. 58, c. 51, s. 34; 1993, c. 46, s. 3; 1997, c. 18, s. 5; 1998, c. 30, s. 14; 1999, c. 3, s. 27; 2002, c. 7, s. 139, c. 13, s. 6; 2005, c. 32, s. 8; 2014, c. 25, s. 6.

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Within the Meaning of Section 188

Section 188 defines "Chief Justice" for the purpose of s. 188:

Definition of “Chief Justice”

(4) In this section, “Chief Justice” means

(a) in the Province of Ontario, the Chief Justice of the Ontario Court;

(b) in the Province of Quebec, the Chief Justice of the Superior Court;

(c) in the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court;

(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;

(e) in the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division; and

(f) in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.

...

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Within the Meaning of Section 320

Section 320 defines "judge" for the purpose of s. 320 as:

“judge” means a judge of a court.
...
“court” means

(a) in the Province of Quebec, the Court of Quebec,

(a.1) in the Province of Ontario, the Superior Court of Justice,

(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

(c) in the Provinces of Prince Edward Island and Newfoundland, the Supreme Court, Trial Division,

(c.1) [Repealed, 1992, c. 51, s. 36]

(d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and

(e) in Nunavut, the Nunavut Court of Justice;

...
R.S., 1985, c. C-46, s. 320; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 4, c. 17, s. 11; 1992, c. 1, s. 58, c. 51, s. 36; 1998, c. 30, s. 14; 1999, c. 3, s. 29; 2002, c. 7, s. 142.

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Section 83.28 defines "judge" for the purpose of s. 83.28 and 83.29 as:

Definition of “judge”

83.28 (1) In this section and section 83.29, “judge” means a provincial court judge or a judge of a superior court of criminal jurisdiction.

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Section 462.3 defines "judge" for the purpose of Part XII.2 (s. 462.3 to 462.5) as:

“judge” means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction;

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Section 487.04 defines "provincial court judge" for the purpose of ss. 487.05 to 487.0911 (Forensic DNA Analysis) as:

“provincial court judge”, in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act;

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Section 488.1 defines "judge" for the purpose of s.488.1 as:

“judge” means a judge of a superior court of criminal jurisdiction of the province where the seizure was made;

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Section 490.2 defines "judge" for the purpose of s. 490.2, 490.5, and 490.8 as:

Definition of “judge”

(5) In this section and sections 490.5 and 490.8, “judge” means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.

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Part XVI

Section 493 defines "judge" for the purpose of Part XVI (compelling attendance and interim release) as:

“judge” means

(a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

(b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

(c) [Repealed, 1992, c. 51, s. 37]

(d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

(f) in Nunavut, a judge of the Nunavut Court of Justice;

...
R.S., 1985, c. C-46, s. 493; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 5, c. 17, s. 12; 1992, c. 51, s. 37; 1994, c. 44, s. 39; 1999, c. 3, s. 30; 2002, c. 7, s. 143; 2015, c. 3, s. 51.

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Misc

Definitions

118 In this Part,
evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; (témoignage, déposition ou déclaration)

government means

(a) the Government of Canada,

(b) the government of a province, or

(c) Her Majesty in right of Canada or a province; (gouvernement)

judicial proceeding means a proceeding

(a) in or under the authority of a court of justice,

(b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

(c) before a court, judge, justice, provincial court judge or coroner,

(d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

(e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason; (procédure judiciaire)

office includes

(a) an office or appointment under the government,

(b) a civil or military commission, and

(c) a position or an employment in a public department; (charge ou emploi)

official means a person who

(a) holds an office, or

(b) is appointed or elected to discharge a public duty; (fonctionnaire)

witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. (témoin)
R.S., 1985, c. C-46, s. 118; R.S., 1985, c. 27 (1st Supp.), ss. 15, 203; 2007, c. 13, s. 2.

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See Also

• Criminal Courts